DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SION
Docket No: 03597-13
24 April 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 April 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
15 September 1982. The Board found that on 13 September 1984 and
27 March 1985, you received nonjudicial punishments (NJP) for
19 days of unauthorized absence and wrongful use of marijuana.
On 10 June 1985, you were counseled regarding your conduct and
warned that further misconduct could result in administrative
discharge action. On 13 August 1985, you received a third NUP
for failing to go to your appointed place of duty, disobedience,
and dereliction of duty. Subsequently, you were notified of
pending administrative separation action by reason of misconduct
due to frequent involvement of a discreditable nature with
military authorities. After being advised of your procedural
rights, you waived the right to an administrative discharge board
(ADB). The separation authority directed discharge under other
than honorable conditions by reason of misconduct. You were so
discharged on 16 October 1385.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant any change in your discharge given
your three NJP’s and the fact that you were warned of the
consequences of further misconduct after your second NJP. The
Board also noted that you waived an ADB, your best chance for
retention or a better characterization of service. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
DRS et
ROBERT D. ZSALMAN
Acting Executive Director
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